Whiteoak Pty Ltd (ABN 42 612 477 415) and its group entities (collectively referred to as ‘Whiteoak’) are committed to protecting and respecting your privacy. Whiteoak is bound by the Privacy Act 1988 (Cth), including the Australian Privacy Principles (‘APPs’). The following sets out the Whiteoak Privacy Policy and how we handle your personal information.

The Information Whiteoak collects and holds

Whenever it is reasonable and practicable to do so, Whiteoak will only collect personal information which is reasonably necessary for it to:

• Provide you with quality products or services;
• Consider applications you make to Whiteoak;
• Comply with Australian Law; and
• Maintain your contact details.

Whiteoak generally holds your personal information relating to:

• The products and services Whiteoak have or will provide to you;
• Your financial interests in Whiteoak’s products; and
• Personal details such as your name, residential address, DOB, phone number, email address, bank account details, Tax File Numbers and other such details required to be collected by Australian Law or under fund constitutions.

Without this information, Whiteoak would not be able to provide the financial services and products to you.

How Whiteoak collects your personal information

Whiteoak will collect your personal information each time you apply to participate in a financial product offered by Whiteoak and the collection of your personal information is required under Australian Law.  Your personal information may be collected either electronically, e.g. when you apply to invest through an online portal or via completing a paper-based application form.

When collecting, using or disclosing personal information, Whiteoak will take steps that are reasonable in the circumstances to ensure that the information is accurate, up-to-date and complete.

The purpose for which Whiteoak collects, holds, uses and discloses personal information

Whiteoak collects, holds, uses and discloses personal information for the primary purposes that the personal information was disclosed to Whiteoak for.  This includes recording your beneficial ownership in financial products, managing and administering your investment in the financial product, communicating with you, submitting fund tax returns to the ATO, and complying with other requirements under Australian law.  Whiteoak engages third party service providers to perform fund administration, registry services, and preparation and lodgement of fund tax returns, and these services requires disclosure of your personal information in relation to the primary purpose.

Disclosure of personal information

Personal information collected by one entity within the Whiteoak group of companies and entities may be disclosed to and used by another entity within the Whiteoak group or associated entities, or by an agent engaged to provide services for the Whiteoak group and associated entities, provided that the personal information is held, used and disclosed for the same primary purpose.

Whiteoak does not normally disclose personal information about its shareholders, investors and clients to outside parties, except those contracted to provide services to Whiteoak or as required under Australian Law. This may include:

1. Government statutory bodies such as the Australian Taxation Office (ATO), the Australian Securities and Investment Commission, the Australian Securities Exchange;
2. Professional advisers and contracted service providers engaged by Whiteoak – e.g. auditors, lawyers, platform operators, fund managers, investment providers, custodian, insurer and consultants;
3. Your financial advisor or any other person that you have consented to for the purpose of managing your investment in Whiteoak;
4. Our administrator and registry services provider engaged to maintain Whiteoak fund accounts, investor registers, and to record, process and generate reports for distribution to Whiteoak group investors.

With your consent, Whiteoak will disclose your personal information to an accountant, financial consultant or other person or organisation that you nominate.

Disclosure of personal information to overseas recipients

Whiteoak engages the services of a third-party Australian domiciled administrator to perform administrative, registry and fund accounting related functions for Whiteoak’s funds.  As part of that engagement, the Australian administrator may delegate some or all the administrative functions to one or more of its related entities offshore, and that will involve transmitting personal information to one or more related party offshore entities within the administrator’s group.

The Australian administrator is owned by a global administration group whose headquarters are located in Luxembourg, and accordingly the Australian administrator is subject to complying with both the Australian Privacy Act and the European Union’s General Data Protection Rules.

Whiteoak has taken reasonable steps to ensure that personal information that may be transmitted offshore is given the equivalent level of protection as that which is given under Australia Privacy legislation in accordance with the APP.

Accessing personal information held by Whiteoak

Generally, Whiteoak will provide you with access to your personal information in the manner you request and within a reasonable period of time after the request is made. You can request Whiteoak to correct any personal information it holds about you.

To request access or to request a correction to your personal information, you will need to provide a written request to the Privacy Officer.

There are no charges for requesting access to your personal information. However, Whiteoak may charge a fee to provide access, provided that such fee is not excessive.

As permitted under the APP, some exceptions apply to requested access. If Whiteoak relies on one of the exceptions or is unable to provide the personal information in the manner requested, it will take such steps (if any) as are reasonable in the circumstances to give access in a way that meets the needs of both yourself and Whiteoak and it will provide a written notice setting out:

1. the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable or unlawful to do so; and
2. the mechanisms available to complain about the refusal; and
3. any other relevant matter.

Having regard to the purpose for which the personal information is held, if Whiteoak is satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading, or a request is received from an individual, Whiteoak will take such steps as are necessary to correct that information. This will be done free of charge and within a reasonable period after the request has been made. If Whiteoak has provided the information to a third party, the individual may request Whiteoak to notify that third party of that correction.

If Whiteoak refuses to correct an individual’s personal information it will provide a written notice to the individual setting out:

1. the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and
2. the mechanisms available to complain about the refusal; and
3. any other relevant matter.

If Whiteoak refuses to correct an individual’s personal information and the individual requests Whiteoak to associate a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading with that information, Whiteoak will take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information. This will be done free of charge and within a reasonable period after the request has been made.

Marketing

If Whiteoak uses or discloses your personal information for direct marketing purposes, such as funds that Whiteoak may offer in the future, it will inform you of that fact at the time of collection the information such as the fund application form.  You may request to ‘opt out’ of receiving future direct marketing material by contacting the Privacy Officer.  Whiteoak will ensure that it respects such requests, and within a reasonable period to notify any other organisation it has used to facilitate the direct marketing.

If Whiteoak has not collected your personal information directly from you, an ‘opt-out’ statement will be prominent.  Whiteoak will only use sensitive information for direct marketing purposes where the individual has provided their consent for it to be used for that purpose.

If Whiteoak uses personal information provided by a source other than from yourself, for direct marketing purposes, you may request Whiteoak to provide details of the source of the information. Whiteoak will provide this information free of charge and within a reasonable period of time.

If Whiteoak uses the personal information for direct marketing purposes, it will ensure that it complies with the requirements of the Do Not Call Register Act 2006 (Cth), the Spam Act 2003 (Cth) and the Corporations Act 2001 (Cth).

Complaints

An individual may complain to Whiteoak about a breach of the APPs by contacting the Privacy Officer in writing.  Whiteoak will seek to resolve the complaint within 30 days in line with its complaint handling procedures.

Contacting Us

If you would like more information about how we manage your personal information, or wish to make a complain about a breach of the APP regarding the handling of your personal information, you can contact the Privacy Officer by writing to:

Privacy Officer

Whiteoak Pty Ltd

Level 32,

200 George St,

Sydney, NSW 2000

Or by calling: 02 9194 6000

Or by emailing: contact@whiteoak.com

Privacy Policy dated 18 July 2024